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Books > Law > Jurisprudence & general issues > Legal history
Petitioning for Land is the first book to examine the extent of
First Peoples political participation through the use of petitions.
Interpreting petitions as a continuous form of political
articulation, Karen O'Brien considers petitioning for recognition
of prior land ownership as a means by which to locate First Peoples
petitioning for change within the broader narrative of historical
and contemporary notions of justice. The book follows the story of
First Peoples' activism and shows how they actively reform
discourse to disseminate a self-determined reality through the act
of petitioning. It discloses how, through the petition, First
Peoples reject colonialism, even whilst working within its
confines. In a reconfiguration of discourse, they actively convey a
political or moral meaning to re-emerge in a self-determined world.
Taking a socio-legal and historical approach to petitioning, the
book questions the state domination of First Peoples, and charts
their political action against such control in the quest for
self-determination. By uniquely focusing on the act of petitioning,
which places First Peoples aspirants centre-stage, O'Brien presents
fresh and innovative perspectives concerning their political
enterprise. From early modern colonial occupation to contemporary
society, the hundreds of petitions that called for change are
uncovered in Petitioning for Land, shedding new light on the social
and political dynamics that drove the petitions.
Our constitutional freedom to speak out against government and
corporate power is always fragile, but today it faces unprecedented
hazards. In Managed Speech: The Roberts Courts First Amendment,
leading First Amendment scholar, Gregory Magarian, explores and
critiques how the present U.S. Supreme Court, led by Chief Justice
John Roberts, has reshaped and degraded the law of expressive
freedom. This timely book shows how the Roberts Court's free speech
decisions embody a version of expressive freedom that Professor
Magarian calls "managed speech". Managed speech empowers stable,
responsible institutions, both government and private, to manage
public discussion; disfavors First Amendment claims from social and
political outsiders; and, above all, promotes social and political
stability. Professor Magarian examines all of the more than forty
free speech decisions the Supreme Court handed down between Chief
Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death
in 2016. Those decisions, taken together, aggressively advance
stability at a steep cost to robust public debate. Professor
Magarian proposes a theoretical alternative to managed speech, one
that would aim to increase the range of ideas and voices in public
discussion: "dynamic diversity." A First Amendment doctrine based
on dynamic diversity would prioritize political dissent and the
rights of journalists, allow for reasonable regulations of money in
politics, and work to broaden opportunities for speakers to be
heard. This book offers a fresh, critical perspective on the
crucial question of what the First Amendment should mean and do.
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